Salary Delayed for 6 Months and No Response from Seniors – Should I Consider Legal Action?

I am not receiving my salary for the last 6 months. I have sent several emails, but my seniors are not responding. I am considering pursuing legal action. Please advise.

Dear Shasi, Non-payment of wages/salary, especially for a consecutive six months, certainly shows the callousness of the employer towards the employee, as well as his scant regard for the laws of the land. Besides, such an act is also a gross violation of the employment contract on the part of the employer, regardless of any reasons he may cite for this continuing lapse.

Legal Recourse for Non-Payment of Salary

If your monthly gross salary is Rs. 24,000 or less, you can file a claim under Section 15(1) of the Payment of Wages Act, 1936, before the authority under the Act, who will typically be a Deputy Labor Commissioner for the area where the establishment is situated. You can also request a penalty of 10 times the claimed amount.

Options for Filing a Claim

You can proceed with the claim directly or through the Inspector for the area or a trade union. In case your monthly salary exceeds Rs. 24,000, the option of pursuing a Civil Suit for the amount due as per the contract and damages for its breach is available to you. It is advisable to make a prompt decision and take action without any further delay.

Kind regards, [Your Name]

Dear Sir,

Thank you very much for your suggestions. I will act on them as soon as possible. I do not want to cause any further delay. It seems they are not concerned about responding to emails as well.

I am based in Jharkhand, but the head office is in Delhi. Can I file a suit in Jharkhand?

Shashi
7070194421

Before taking it to court, you may first consider sending your company a legal notice.

Dear Sir,

Thank you for the suggestion. I have enquired about the legal notice and civil suit. The advocate advised to contact after the lockdown. I received an email from management regarding the salary. It seems they are now trying to avoid their responsibility. I sense that they are not interested in making the payment.

Please advise me on how to respond to them.

Shashi
7070194421

I think it will be wise to wait until this pandemic is actually over. Maybe your employer is in real financial trouble. Anyway, even if you want to proceed legally, you have to wait until this lockdown is over. So stay home. Stay safe.

Then send the legal notice if your advocate is available during this time. You may also send a letter by yourself.